Penal reconciliation and settlement are two mechanisms made available by the new UAE Criminal Procedures Law, issued under Federal Decree-Law No. 38 of 2022, to bring certain criminal cases to an end without reaching a full trial or a final judgment, in specific categories of misdemeanors and violations. Once the conditions of reconciliation are met and it is approved by the Public Prosecution or the competent court, the criminal case is extinguished by operation of law, without the need for a substantive judgment. Alongside reconciliation, the law has regulated the penal order as a simplified settlement for certain minor offenses, while preserving the right to object to it. In this article, we explain when a criminal case is extinguished without a trial, which crimes allow reconciliation and who holds the right to reconcile, the effect of reconciliation on the civil claim, and how a lawyer protects the client's rights throughout.

When Is a Criminal Case Extinguished Through Reconciliation and Penal Settlement Without a Trial Under the New UAE Law?

1. What Are Penal Reconciliation and Settlement Under the New Criminal Procedures Law?

Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedures Law replaced Federal Law No. 35 of 1992 and established a broader framework for restorative criminal justice. Penal reconciliation is an agreement that ends a criminal dispute in crimes specified by law, so that the case is extinguished once it is approved by the Public Prosecution or the court. Settlement also includes the penal order, a simplified procedure used to dispose of certain minor offenses without the usual trial path. The essence of the idea is that the legislator has balanced the State's right to punish against society's interest in swiftly resolving minor cases and easing the burden on the courts, while safeguarding the victim's rights.

2. Grounds for the Extinction of a Criminal Case

The new law has set out the grounds on which a criminal case is extinguished, including reconciliation, waiver, and a final penal order. The most notable of these are:

3. Which Crimes Allow Reconciliation, and Who Holds the Right to Reconcile?

Reconciliation does not apply to every crime; the law has confined it to specific categories of misdemeanors and violations, excluding serious felonies. The Court of Cassation has confirmed that a victim's reconciliation produces its effect only in the crimes in which the law has expressly provided that the case may be extinguished by waiver or reconciliation, so it may not be broadened or extended by analogy to a crime not mentioned. The right to reconcile or waive belongs to the person with standing and interest, usually the victim or their legal representative. Accordingly, the first thing a lawyer does is assess the type of crime to ensure it falls within what the law permits reconciliation for, before entering into any settlement.

4. The Effect of Reconciliation: Extinction by Operation of Law, With No Going Back

Once the conditions of reconciliation are met and its record is approved by the Public Prosecution or the competent court, the criminal case is extinguished by operation of law, without the need for a substantive judgment. The Court of Cassation has consistently held that reconciliation meeting its conditions ends the case directly. More importantly, once signed and officially approved, reconciliation becomes binding, so no party may retract it or challenge it; and if the accused performs the agreed obligations, the case is deemed extinguished and cannot be revived. Hence the importance of drafting a balanced reconciliation record that preserves the client's rights — whether accused or victim — and prevents any later interpretation against them.

5. The Penal Order: A Simplified Settlement and How to Object to It

The penal order is a simplified procedure regulated by the new law to dispose of certain minor offenses without following the full ordinary trial procedures; it is issued on the basis of what the Public Prosecution requests and the competent authority assesses. This procedure does not deprive the accused of the right of defense; the accused or the civil claimant may object to the penal order within the period prescribed by law. If the objection is filed on time, the dispute proceeds under the ordinary trial procedures before the competent court; and if no objection is filed within the deadline, the order becomes final and the criminal case is extinguished by it. Hence, monitoring the deadlines and filing the objection on time is among the most delicate matters a lawyer handles.

6. Reconciliation and the Civil Claim, and the Lawyer's Role in Protecting the Client

The extinction of a criminal case through reconciliation does not necessarily mean the lapse of the civil right to compensation; the injured party may claim their civil rights for the harm arising from the crime, unless the reconciliation agreement contains an express settlement of that right. The reconciliation must therefore be drafted with precision that clarifies the fate of the civil claim, so that the criminal aspect does not conflict with the civil aspect. The lawyer's role here is to assess the lawfulness of the reconciliation and the type of crime, draft a balanced reconciliation agreement that preserves the client's rights, and represent them before the Prosecution or the court to document and officially approve the record, ensuring the case is extinguished properly without later surprises.

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